Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. It’s a creative photo, but it was published. “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” Nature of the Work.

Copyright 143

Copyright Social Media Fair Use Licensing 143

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

Technology & Marketing Law Blog

DECEMBER 7, 2022

The resulting state court lawsuit has reinforced the Prager Effect, producing another published opinion thoroughly rejecting every argument advanced by Prager and expanding services’ legal protections for their moderation decisions. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 137

Contracts Publishing Law Government 137

IPilogue

JANUARY 11, 2023

Publishing is, of course, one of the core copyright industries – if not the core industry historically associated with copyright. IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation.

Journalism 80

Journalism Privacy Contracts IP 80

The IPKat

JULY 18, 2021

Subsequently, the Committee Report on the Economics of Music Streaming has been published, calling for "a complete reset" of music streaming and the need for significant change within the music industry. Some of the key regulatory recommendations are discussed in this post. Plot twist!

Music 138

Music Contracts Reporting Marketing 138

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

Technology & Marketing Law Blog

JULY 20, 2023

Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon didn’t deceive consumers because its contract reserved the rights it exercised: the CPA claim is based on Amazon’s decisions to remove reviews and revoke review privileges.

Contracts 61

Contracts Social Media Publishing Blogging 61

Technology & Marketing Law Blog

DECEMBER 9, 2023

ICS provider: “message boards and social media sites qualify as ‘interactive computer services.'” Publisher/Speaker claims. Even if the plaintiff established a prima facie case, the claims likely would be preempted by Section 230 because he’s suing over content that Twitter didn’t originate.

Social Media 82

Social Media Blogging Publishing Marketing 82

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

Music 130

Music Government Contracts Marketing 130

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. People Want to Download and Keep Movies & TV Shows. Copyright Law and DRM.

Copying 115

Copying Social Media Licensing Technology 115

Technology & Marketing Law Blog

JANUARY 25, 2023

This raises an obvious corollary: at most, Shah has a non-exclusive license to those photos, so what are the terms of those licenses and could Shah potentially infringe the owners’ copyrights by posting them? However, the fact the publishers didn’t ask at all could be a defect in their rights clearance process.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Copyright Lately

MARCH 16, 2023

The court’s March 14 ruling (read here) rejected the defendants’ assertion that copyright terminations served by Bono’s heirs effectively preempted Cher’s state law contract rights. At this rate, the Cher-Bono litigation may end up lasting longer than the couple’s marriage. “Therefore, her claim fails.”

Copyright 78

Copyright Music Contracts Settlement 78

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Regulation of Political Advertising (2022 Edition). Blog Posts.

Editing 90

Editing Social Media Blogging Advertising 90

Technology & Marketing Law Blog

AUGUST 21, 2023

As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.” I also question if the law can restrict publishers’ ability to discriminate in their editorial decisions. Case citation : Newman v.

Contracts 86

Contracts Social Media Blogging Law 86

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Starting in 2018, Shared “lost access” to the instant articles program three times, each time (allegedly) without advance notice despite the applicable TOS saying Facebook “will use good faith efforts to provide Publisher with notice of” any termination.

Contracts 93

Contracts Social Media Advertising Advertising 93

Copyright Lately

DECEMBER 5, 2021

Houston’s record label owns the rights in the master recording, while Parton and her publisher own the underlying composition. Meanwhile, songwriters, composers and publishers of the underlying composition will be paid a share of royalties via performing rights organizations like ASCAP, BMI and SESAC.

Music 82

Music Licensing Copyright Publishing 82

Kluwer Copyright Blog

APRIL 14, 2022

By introducing the press publishers’ right in art. 15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. Introduction. The reality is, however, more complex. 15 CDSM Directive.

Publishing 81

Publishing Contracts Social Media Art 81

43(B)log

OCTOBER 25, 2021

Bantam Doubleday Dell Publishing Group, Inc., I’m sure they have contracts saying that they permitted these uses, but so what? Actual confusion: also neutral, despite “the plaintiffs’ poorly constructed surveys and some evidence of confusion, primarily in social media.” 2d 490 (2d Cir.

Artistic Work 57

Artistic Work Social Media Television Trademark 57

Copyright Lately

JULY 17, 2022

The dispute pits Tammy Livingston, the granddaughter of Academy Award-winning composer Jay Livingston , against Travilyn Livingston and her publishing company, Jay Livingston Music. In the meantime, let me know if you have any comments or questions below, or @copyrightlately on social media. Que Sera, Sera, indeed.

Copyright 59

Copyright Music Social Media Publishing 59

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 102

Copying Copyright Law Copyright Social Media 102

Technology & Marketing Law Blog

OCTOBER 28, 2022

Booking Holdings is the parent company of multiple OTAs that publish fare data and sell Ryanair flights in purported violation of Ryanair’s terms of service. Power Ventures was a platform that attempted to enable users to manage all their social media accounts from one platform.

Blogging 88

Blogging Cease and Desist Business Litigation 88

Technology & Marketing Law Blog

APRIL 30, 2022

Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. ” Contract Breach/Promissory Estoppel. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Berenson sued Twitter. Section 230.

Social Media 108

Social Media Contracts Government Publishing 108

Kluwer Copyright Blog

MARCH 6, 2023

Studies have shown significant improvement in results from TDM research using full-text articles, which are often behind a paywall or subject to additional licensing, rather than mere abstracts, which are often more freely available. Many of the projects described below use this basic function of TDM in various specific applications.

Copyright 118

Copyright Social Media Publishing Licensing 118

Technology & Marketing Law Blog

MARCH 21, 2022

First, this wasn’t a typical pro se suit; actual licensed lawyers were involved. Turning private entities into state actors would, in fact, deprive private publishers of their constitutionally protected free speech/press rights. Facebook Defeats Lawsuit By Publishers of Vaccine (Mis?)information–Children’s Section 230.

Social Media 123

Social Media Blogging Government Publishing 123

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. The options ranged from no change to UK law, to improving the licensing environment, to offering new copyright exceptions.

Law 116

Law Licensing Publishing Intellectual Property 116

The IPKat

APRIL 18, 2022

Artist Four Tet took to social media to announce that its record label, Domino, had requested his music be removed from streaming platforms, amidst a legal dispute over royalties. He seeks a declaration as to the true construction of his contract and monetary relief, capped at £70,000.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, it pursues a policy worse than socialism. A print publisher qualifies as a DJP if it: “provide[s] information to an audience in the state.” Publishers can charge for advertising in many ways, including ad impressions (CPM), clicks, actions, fixed fee, etc. CJPA does the opposite. Who is a Covered Platform?

Journalism 91

Journalism Social Media Publishing Government 91

Technology & Marketing Law Blog

DECEMBER 27, 2022

2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Parker, 2022 WL 17403220 (D.D.C.

Privacy 100

Privacy Marketing Marketing Social Media 100

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Copyright Lately

OCTOBER 25, 2021

Concerned about the effect the book would have on Twain’s reputation, publisher Harper & Brothers and his daughter Clara Clemens filed a lawsuit to stop further publication of “Jap Herron.” In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

APRIL 7, 2023

Special rules for hosting providers, including online platforms; online platforms, including distance contracts, and very large online platforms and very large online search engines. YouTube is an OCSSP, but other than that much is unclear—are all different types of social media OCSSPs? We don’t have definite caselaw.

Copyright Law 40

Copyright Law Law Copyright Art 40

Technology & Marketing Law Blog

MARCH 28, 2023

And when it was FaceMash, it got its first users by scraping and publishing a bunch of online facebook directories without the subjects’ consent. Much digital ink has been spilled on online contract formation; much less on online contract termination. Before Meta was Meta, it was Facebook.

Blogging 106

Blogging Cease and Desist Contracts Marketing 106

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman later licensed “Invincible” television rights to Amazon Studios and denied the existence of a oral agreement to give Crabtree a share of the revenue. The court also defended its approach as striking an appropriate balance between copyright and contract law. A copy of the Crabtree’s new lawsuit follows.

Ownership 65

Ownership Television Copyright Copyright Notice 65

Kluwer Copyright Blog

SEPTEMBER 29, 2022

In an unprecedented attempt to slay the big tech giants, formerly known as GAFAM , beyond the cumbersome means provided by competition law, the European legislature has recently signed the yet-to-be-officially-published Digital Markets “Act” – DMA. (In Then should we consider them as contract-based rights?

IP 55

IP Ownership Marketing Marketing 55

Technology & Marketing Law Blog

JUNE 27, 2022

“Enforce published terms, policies, and community standards established by the business, including, but not limited to, privacy policies and those concerning children.” If a consumer breaches a TOS by scraping content or posting violative content, does this provision require businesses to sue the consumer for breach of contract?

Privacy 139

Privacy Designs Design Business 139

Kluwer Copyright Blog

MAY 17, 2023

In addition, most national laws feature E&Ls that make it difficult or impossible to extend their scope to digital media publishers, thus severely curtailing the balance between conflicting interests in the online environment. Teaching and research uses. However, every time a detail is left to the discretion of Member States (e.g.

Reporting 52

Reporting Copyright Public Domain Copying 52